A guide to planning and logistics BABERGH district council South Suffolk

1. A Guide To
Planning And
Logistics

2. Purpose of this guide
In operating and dealing with the planning system it is helpful if planners and
logistics operators understand the needs, concerns and basic jargon of each
other. Every specialist area has its own language and terminology, and this
booklet has been prepared to foster the necessary mutual understanding.
The Haulage industry has undergone a rapid and profound change over the
last 30 years, as it has responded to the challenges of the global economy. It
has moved from an industry dominated by family run companies, and same-
industry fleets, to a specialised operation, highly organised and dedicated to
reliability and on-time and just-in-time deliveries. Road haulage has become
Logistics, integrated with rail, air and sea freight dealing with complex supply
chains, and having a strong presence of international companies, as well as
the home-grown.
The industry still has the same basic physical “hardware” needs - lorries, trains,
loading/unloading facilities, premises and service facilities.
The provision of operational on-site facilities means that planning permission is
required for the development of land, under the country’s national planning
control regime. Planning is an open system, where outcomes are influenced
by all of the various inputs from applicants, councillors, officers, and members
of the public.
1 A Guide To Planning And Logistics

3. The Logistics Industry
The UK Logistics sector is important for two reasons. Firstly, it is a large sector
in its own right, employing hundreds of thousands of drivers, administrators,
warehousing staff etc. Secondly, it is an essential part of all businesses supply
chain, providing materials to factories, supplies to hospitals, food to
supermarkets and supporting utilities with fleets of both light and heavy
vehicles.
In the UK there are around 450,000 Heavy Goods Vehicles (defined as over
3.5t) and more than three million vans. The driving of HGVs is tightly regulated
by either EU or UK rules (depending on the type of operations) that limit
drivers’ hours and require set breaks during and between shifts. Those hours
are recorded on tachographs and may be inspected by VOSA or the police.
The penalties for driving without the required rest are significant and an
operator can lose his or her licence if they knowingly allow such practices.
Distribution Networks. The UK economy is supported by an extensive network
of Regional and National Distribution Centres where many single-item loads
come in and many multi-item loads go out to individual customers such as
supermarkets. These RDCs and NDCs are located to make best use of the
strategic road network as well as to give access to ports and rail
interchange facilities. Increasingly, goods and raw materials
arrive into the UK through deep sea ports instead of being
sourced in the UK. The location of these facilities and the
distances between them make it necessary for drivers to stop
mid-journey, and therein lies the importance of suitable truck
stops. These need to provide appropriate facilities and many
need to be secure in order to prevent the theft of and from
vehicles. Often, when critics complain about the antisocial
activities of HGV drivers these are unavoidable because of a
lack of other provision. The perception of truck stops as a
magnet for crime is incorrect – providing good, secure facilities
reduces anti-social behaviour as well as eliminating
inappropriate parking in lay-bys etc.
Transport companies are required to hold an Operators Licence that specifies
where vehicles are to be kept and how many a given site may accommodate.
These licences need to be renewed periodically and may also be adjusted to
take account of the needs of the business. Local Planning Authorities and
others are able to request conditions on the Operators Licence but the final
decision lies with the Traffic Commissioner. If any of the conditions are not
met, then sanctions will apply.
2A Guide To Planning And Logistics

4. 3 A Guide To Planning And Logistics
The Planning System
The general planning legal framework. All “development” (including uses of
land for logistics activities and the construction of related buildings) requires
planning permission, and this permission is normally given by the local
planning authority on application being made. There are “permitted
development rights” for certain categories of development, but these will not
normally apply to Logistics developments. All of these terms have precise
legal meanings.
Therefore, whether carrying out building or other operational works, or
changing the use of some land, it can be expected that a planning application
will be necessary.
Planning applications should be determined in accordance with the
development plan and any other material considerations, including
government planning policy. The development plan will consist of published
Local Plans and Policies for an area, available for inspection on the relevant
Council’s website. Some policy documents may not yet be fully adopted, but
they are still capable of being taken into account. There will be some policies
and proposals within the development plan that will affect the way all
proposals are viewed. The contents of the National Planning Policy
Framework (NPPF) must also be taken into account, along with other material
considerations. The determination of planning applications in accordance with
all of these issues is the main means by which a Local Authority shapes its
area, promotes suitable development and protects the amenities of its
residents.
Planning applications are determined by the relevant local planning authority,
who should normally aim to deal with them within 8 weeks, though complex
and major issues will inevitably take longer.
When a planning application is made it must be accompanied by properly
completed forms, plans and certain accompanying information/reports. These
are legal requirements which a suitably qualified Agent can advise on. The
lack of required information means that the application is invalid and cannot
be registered.
Applications must be publicised in a legally prescribed manner, to give
interested members of the public and others every opportunity of becoming
aware of proposals that affect them, and making relevant comments. Once the
“publicity period” is over the planning officers will consider the proposal in
depth, taking into account all views expressed and all relevant policies.
Additional information may be required, or changes sought, to improve the
proposal.

5. 4A Guide To Planning And Logistics
The views of third parties, including local residents and Councillors, will be
weighed up in the analysis of the application. To be relevant these views must
be based on material planning issues, such as amenity and highway safety.
The final decision on an application may be made either by a relevant
Committee of the Council, or, in simpler cases, by an Officer of the Council
acting within delegated powers.
If the application is to be determined by a Committee, this will be at a formal
meeting which will be conducted in a manner established within the authority.
At all times the decision-making process will be impartial, and not unduly
influenced by applicant or objector.
A written report on all Committee items will be
prepared and be available for inspection
beforehand. The report will identify all of the
relevant issues and weigh up the proposals in
relation to adopted policies and comments made. A
clear recommendation should be made by the
officers within the report (or, if key matters remain
outstanding, at the meeting), and planning
conditions should be recommended to control the
development. Public speaking will almost certainly
be allowed at the meeting, and so applicants will
have to judge if they think it would be helpful to
their cause to participate, and if so, who should do
this. Decisions will be by a vote of Councillors on the Committee. Sometimes
decisions will be deferred to a later meeting to enable additional information to
be gained, or a Members’ site visit to take place.
Once the decision is issued it cannot be changed. If the applicant has received
a refusal of permission, there is a right of appeal to the government, and the
case will be reviewed by an impartial Inspector. This may be carried out on a
written basis (time period, about 19 weeks) or through a Hearing or a more
formal Public Inquiry (much longer).
Sometimes there may be scope to address some of the issues identified within
the planning refusal notice and submit a second, amended, application in the
hope of a more favourable consideration. These issues are best discussed with
the relevant planning officer prior to lodging any appeal.
Once planning permission is granted there is currently no right of appeal by
third parties against this decision. In rare circumstances, the decision of a
Local Planning Authority (or, for that matter, the Secretary of State) can be
challenged through the Courts as having been made unlawfully. Typically, this
will not be on the planning merits of the case, but on the basis that certain
issues and procedures were not properly followed or taken into account. Such
challenges have to be made within three months of the decision date, and
there are financial liabilities for challengers to take into account.

6. 5 A Guide To Planning And Logistics
It is important to remember that Planning Permissions “run with the land”, they
are not normally personal to the applicant. They may therefore be
implemented by any party, provided this is in accordance with the terms and
conditions of the permission granted. Building and site layout works must be
carried out in accordance with the terms of the permission granted, and any
prescribed on-going limitations on the use of the site must be adhered to
unless otherwise first agreed through an appropriate mechanism with the
Local Planning Authority.
If development is carried out that is not in accordance with the permission
granted, the Local Planning Authority will normally seek voluntary compliance
from the developer. However, if this is not forthcoming, a Planning
Enforcement Notice can be served requiring compliance. Such Notices can
require demolition of unauthorised structures, the discontinuance of any
unauthorised land use, and the restoration of the site to its former condition.
There is a right of appeal to Enforcement Notices, but failure to comply with a
valid Notice constitutes an offence. Prosecutions and significant fines can
occur. The local authority also has a range of other specialised enforcement
powers, including court injunctions and direct action, that can be called upon
in exceptional circumstances, to remedy significant problems.
In cases where enforcement action arises, it is imperative that an open and
positive dialogue is maintained between the planning authority and the
developer. The planning agent will be a key figure in such cases.
The use of a suitable Planning agent. There are many issues to be taken into
account in the making of an application and the handling of associated
planning affairs. Planning and advance preparation of the case for
development are vital and represents time well spent. It is important to allow
sufficient time for the necessary consultations with the Local Planning
Authority to be carried out before the application is submitted. They may well
advise that specialist studies or consultations are required prior to submission,
all of which takes time.

7. 6A Guide To Planning And Logistics
Logistics operators are strongly recommended to use suitably qualified
expertise to act as agent in this process. Large companies may have their own
in-house chartered planner, and others will be able to identify a suitable
candidate, either by asking around within the industry, or by reference to say
the Royal Town Planning Institute (“RTPI”), who maintain lists of known
planning consultants, but are unable to make specific recommendations.
Companies are advised to find an individual (who may be self–employed or
employed within a larger consultancy) who is experienced in dealing with
haulage industry issues, and is a chartered member of the RTPI.
Contacting the Planning Authority. If you are contemplating opening up a new
Depot, or altering an existing one to any significant degree, you will need
Planning Permission. There may be planning conditions applying to your site,
inherited from the original permission for the site, and if you wish to amend
these, formal approval may well be required. In all cases the first step would be
to discuss this with your agent. He/ She will probably advise making contact
with the Planning Authority, and this may be made either in writing, or through
an appointment. Different authorities have different procedures, but most would
rather have preliminary discussions with you than be faced with an application
with little background.
In some cases and with some authorities, provision of pre-application advice
by the Council is chargeable, at pre-determined rates.
The Traffic Commissioners
Goods vehicle operator licensing is a system of licensing aimed at ensuring the
safe and proper use of goods vehicles and the protection of the environment
around operating centres (i.e. the place where an operator normally keeps their
vehicles when they are not being used).
Most users of commercial vehicles that weigh over 3.5 tonnes (i.e. the
maximum permitted total weight when loaded) require a licence. The holder of
a licence is the ‘operator’. A licence will authorise an operator to use up to a
maximum total number of motor vehicles and trailers, and to use a specific
operating centre or centres.
An operator must hold a licence in each Traffic Area where they have an
operating centre or centres. Licences can authorise the use of more than one
operating centre. Licence applications are made to traffic
commissioners. Each traffic commissioner is a separate public body and,
whilst appointed by the Secretary of State, each is independent of any
Government department regardless of whether they are exercising judicial
functions or not. Each traffic commissioner is designated as an individual
tribunal for the purposes of Schedule 7 of the Tribunals, Courts and
Enforcement Act 2007.

8. 7 A Guide To Planning And Logistics
There are eight traffic areas and seven traffic commissioners. The suitability
of a proposed operating centre is just one of a number of matters which a
traffic commissioner must consider before granting an application. Other
matters include an applicant’s fitness to hold a licence; the financial resources
available for, and arrangements in place, to maintain their vehicles; and,
where appropriate, professional competence. Once a licence has been issued
an operator can apply to amend (vary) it.
Owners and occupiers of land or buildings near an operating centre who feel
that the use or enjoyment of their own land would be adversely affected by the
proposed operating centre have a right to make their views known to a traffic
commissioner. They are called representors; representations can be made
only on environmental grounds. Objections can be made by statutory
objectors such as local authorities, planning authorities, the police, and certain
trade associations and trade unions. They may object to the grant of an
application on the grounds of repute or fitness to hold a licence, finance and
the professional competence of the operator as well as on the environmental
and general suitability of an operating centre.
The following organisations have a statutory right to object to an application
for a goods vehicle operator’s licence or an application to vary a licence once
issued:
a Chief Officer of Police;
a Local Authority (but not a Parish Council);
a Planning Authority;
the British Association of Removers;
the Freight Transport Association;
the General and Municipal Workers Union; (Now known as GMB)
the National Union of Rail, Maritime and Transport Workers;
the Road Haulage Association;
the Transport and General Workers Union; (Now known as Unite)
the Union of Shop, Distributive and Allied Workers;
the United Road Transport Union.
Objections can be made on environmental or non-environmental grounds or
both. Environmental objections may be made on the basis of use of land as an
operating centre and which can be considered relevant to an objection may
include: noise; fumes; pollution; vibration; visual intrusion.
Non-environmental objections may be made on one or more of the following
grounds: the suitability of the applicant to hold an operator’s licence on the
grounds that they cannot meet the requirements to be: of good repute (for
standard licences only); or fit to hold a licence (for restricted licences only); or
of appropriate financial standing (for standard licences only); or professionally
competent (for standard licences only), OR the suitability of the operating
centre in relation to: size for the number of vehicles and trailers proposed to
be parked there; the safety of the entrance and exit arrangements from the
site onto the public highway; or parking facilities in or around the site.

9. 8A Guide To Planning And Logistics
The test for traffic commissioners is one of
availability as opposed to whether planning
permission has been granted. Appeal case
law indicates that traffic commissioners should
be reluctant to investigate or resolve outstanding
questions of property law. If the operator can
show that they are the owner or tenant of
the land in question there is no
obligation on the traffic commissioner
to study the title deeds to ensure, for
example that they do not contain a
covenant which would prevent the land
being used as an operating centre. If it
becomes clear to a traffic commissioner
that proceedings have been commenced,
which will decide whether or not the land
can lawfully be used as an operating
centre, then the traffic commissioner will
consider very carefully whether or not it is
appropriate to wait until those proceedings
had been resolved.

10. 9 A Guide To Planning And Logistics
Key Messages for Logistics Operators about Planning.
Find yourself a suitably qualified and experienced Agent, to handle your
discussions and negotiations with the local planners, particularly if your
proposals are major, complex or likely to be controversial.
Discuss proposals informally with the relevant planning officer before
making a planning application
Be guided by your Agent and the Planning Officer as to the amount and
type of back-up material that is required to support your application. Be
prepared to present and explain your case at any time through the process.
Allow sufficient time for pre-application discussions with the Planning
Authority, and for follow up work that may be identified as desirable or
necessary.
Planning is a relatively open and public system where key decisions are
taken by the Planning Committee. Committee members and planning
officers will need to respond to residents’ relevant concerns and to their
own policies, so take them seriously and consider how your scheme can be
shaped to minimise conflict. Consider too, what restrictive conditions you
can live with, and have a dialogue on this with the planning officer before
the Committee meeting.
Be prepared to explain your position regarding the Operator’s Licence to
the planning authority and any other interested party - the overlapping
concerns and different procedures are often a source of confusion.
If you are not successful with your application you will wish to consider your
rights of appeal, but the first step should be a discussion with the planning
officer. Weigh up carefully with your advisor the chances of success before
embarking on what can be a costly and time-consuming process.

11. 10A Guide To Planning And Logistics
Key Messages for Local Planners about Logistics.
Understand the role of the Traffic Commissioners. Note that their ambit
does not include the routing of vehicles outside the site, apart from very
immediate highway safety concerns arising from its precise location. The
Licensing system offers Local Planning Authorities opportunities to have an
input into Commissioners’ decisions and you may wish to take them.
Delegated authority may be necessary.
The Logistics Industry is essential to the national economy and in many
areas is a significant employer. These are issues that should weigh
positively in the applicant’s favour. Be ready to take into account the wider
industry needs for support facilities as well.
Remember that competitive advantage, financial viability and tight financial
margins can be very sensitive, and these can be easily impacted upon by
some planning requirements.
The industry is continually changing and most logistics applicants would of
course prefer to have no operating restrictions applied to their site, since
even if they can be accommodated readily today, circumstances may
change in the future. However, if you are satisfied that certain restrictions
are necessary and justifiable, try to discuss possible conditions with the
agent before the Committee meeting.
Considerations around economic benefits and job opportunities may be
complex. Direct new jobs created by logistics developments, particularly in
the local area, may not always appear significant, but the safeguarding of
jobs locally or elsewhere may be more important in some cases.

12. Conclusions and Contacts
Hopefully this document has created a better
understanding of the planning and logistics worlds.
The following sources of information, current at the
time of writing, may also be helpful:
The Planning Portal -
www.planningportal.gov.uk/ - a government
sponsored information website on all aspects
of the national planning system.
Individual local authority websites – these will
contain Council adopted and draft planning
policies;
The Freight Transport Association -
www.fta.co.uk/ - the trade association that
represents the transport interests of companies
moving goods by road, rail, sea and air.
The Road Haulage Association -
www.rha.uk.net/ - performs a similar function to
the FTA, but focussed on road haulage only.
The Vehicle and Operator Services Agency
(VOSA) - www.dft.gov.uk/vosa/ - for issues
relating to Vehicle Licensing and the Traffic
Commissioners.
This Guide has been prepared by Babergh District Council Planning Policy Team, through its
involvement with the Haven Gateway Partnership and the EU North Sea Region funded
Dryports Initiative. The assistance of the Freight Transport Association and the Traffic
Commissioners is gratefully acknowledged. The Guide represents carefully considered
advice for the situation appertaining in 2012; no liability can be accepted for its contents.
This guide is also available online via the following websites:
www.babergh.gov.uk
www.midsuffolk.gov.uk